Assignments & Exams
Course: Laws of Evidence: PLG-301-2206
Assignment: Assignment 4 (following Class 11)
Johnny Storm was convicted of arson on December 30, 2010. He now appeals his conviction on a number of grounds.
The facts of the case are as follows: on April 15, 2010, the Reed Richards Science Center in Akron burned to the ground. The Center had been conducting controversial cosmic ray experiments on rats and rabbits, and a number of animal rights groups had opposed the research. Preliminary investigations by the FBI`s Special Crimes Unit determined that there was a high level of Acetone found in the debris after the fire. Acetone is a highly flammable accelerant that can be used to help fires spread quickly through buildings. It is very rare and its distribution is tightly controlled by federal regulations.
Special Agent Alicia Masters was in charge of the case. Her investigation quickly led to Storm. Storm was convicted of felony arson in 2001 after he used Acetone to burn down a chemical testing facility that used dogs as test subjects. He was also arrested in 2005 for felony arson when he allegedly burned down a warehouse containing lab equipment, but he ended up pleading guilty to criminal damaging, a misdemeanor. Acetone was used in that fire as well. Storm was also convicted of misdemeanor theft in 2009 for stealing twenty laptops from a university office building.
Storm and his attorney met with Special Agent Masters on May 10, 2010. During the meeting, Storm told Masters: “You have the wrong guy. I admit I would be happy to see this clinic and every one like it burned to the ground, but I wasn`t even in Akron that night; I was in Cincinnati at the Reds game.” Storm then turned to his attorney and said: “Should I tell her about the Acetone that I have in my garage?” Storm`s attorney said: “No, stay quiet about that.” (The next day Masters got a search warrant for Storm`s garage, but found it completely empty).
At trial, Masters testified about Storm`s statement in which he admitted he would be happy to see the clinic burned to the ground, and his statement about having Acetone in his garage. The prosecutor also admitted Storm`s prior arson conviction from 2001 and his arson arrest in 2005.
Storm took the stand in his own defense, and testified that he was innocent, and that he was in Cleveland at a dance club at the time of the fire. On cross-examination, the prosecutor asked him whether he told the FBI that he had been at a Cincinnati Reds game on the night of the fire; Storm denied that he said this.
Storm also called Ben Grimm to the stand. Ben Grimm is a scientist who worked at the Richards Center, and he testified that the day after the fire, he was talking to his colleague Susan, who also worked at the Center. During the conversation, Susan said to Grimm: “This is all my fault. I left the cosmic ray generator on last night by accident. It must have overheated and caused the fire.”
In rebuttal, the prosecution re-called Agent Masters, who testified that Storm told her that he was in Cincinnati at a Reds game at the time of the fire. Finally, the prosecutor offered Storm`s 2009 theft conviction.
On appeal, the defense argues that the following evidence should not have been admitted. The defense attorney made a timely objection to each of these pieces of evidence at trial.
(1) Storm`s statement about being happy to see the clinic burned to the ground.
(2) Storm`s statement about the Acetone in his garage.
(3) Storm`s arson conviction from 2001.
(4) Storm`s arson arrest from 2005.
(5) The cross-examination question about Storm`s statement regarding the Reds game.
(6) Masters` rebuttal testimony reporting Storm`s statement about the Reds game.
(7) Storm`s 2009 theft conviction.
In its response, the prosecutor argues that all of that evidence was properly admitted, and argues that (8) Grimm`s testimony about Susan`s statement should not have been admitted. However, the prosecutor did not object to Grimm`s testimony at trial.
You are a law clerk to a judge that is hearing this appeal.
Please prepare a bench memo explaining to your judge how she should rule on each of these eight issues, and why.
(5) the cross-examination question about storm`s statement regarding the reds game.
Struggling with a similar assignment? Don’t know where to start? Don’t have time to work on this? Get a high-quality paper written for you from scratch – PLAGIARISM FREE, guaranteed to get you a good grade. To get started, please click on the Submit Your Instructions at the bottom of the page.
Assignments & Exams
Need Writing Help? Our writing specialists are here 24/7, every day of the year, ready to support you! Instantly chat with an online tutor below or click here to submit your paper instructions to the writing team.
More than just an assignment.
Who is this homework service for?
* If you are having a really hard class and want to get through it, then this is for you.
* If you have a medical emergency or someone close to you has a medical emergency and you don’t think you’ll be able to turn your assignment on time, this is definitely a service you could use.
* You can use us if you are having a tough Professor who won’t give you the grades you deserve.
* If you have a tight work schedule and you are getting points deducted for not submitting assignments on time.
* English might not be your first language and you feel like you are being left behind in class because of it.
* If you have a large project coming up and don’t think you have enough time to get it done well, definitely reach out to us.
Hi there! My name is Anna.
Super stoked you are checking us out! We would like to help you with your assignment. We just need a few things from you:
* The full assignment instructions as they appear on your school account.
* If a Rubric is present, make sure to attach it.
* Any relevant weekly readings or learning resources.
* Include any special announcements or emails you might have gotten from your Professor regarding your assignment.
* Any templates or additional files required to complete the assignment.
If your assignment is somewhat complex and you need to explain it, please don’t hesitate to reach out to me via live chat.
Frequently asked questions
How soon can I get my paper done?
It depends with your deadline. If you need your paper completed in 3 hours, we will deliver it in that time. All you need to do is indicate your deadline in our custom order page here. Alternatively, if you are sending us your instructions via email, please be sure to indicate your deadline.
Will it be completely original? I don't want to be caught in a case of Academic Integrity Violation.
We are as paranoid as you are. Maybe even more! And we understand that the greatest sin you can commit in your academic journey is plagiarizing your academic work. To that end, we have made sure that we check and double-check our papers using high quality plagiarism detection tools such as SafeAssign and Turnitin before submitting the paper to you.
Who is my writer? Is he/she a native English Speaker?
All our writers are native English Speakers. That is not to say that ESL writers are not good, we just prefer hiring native writers because we want the very best people working on your paper. This might mean paying a little bit more for your paper as opposed to when you pay a foreign company whose writers are non-native English Speakers.
What if I need revisions? Will your charge additional for this?
Of course not! If you do happen to require a revision on your paper, our team will handle it for you free of charge. Matter of fact, we won’t rest till you are happy with your paper. So, ask for as many revisions as you need, it’s completely FREE!
Will you give me my money back if I don't like my paper?
We have very few instances where we delivered a paper that a client didn’t fall in love with. But if it so happens that you don’t like your paper for any reason whatsoever, we’ll refund your money back no questions asked.
I have more assignments after this, can you help me with those too?
Of course! And what’s even better is that we can reserve a writer permanently to work on your entire class. This comes in handy for projects which build up on each other and where you need just one writer, one writing style.